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HAWTHORNE LAND CO. v. OCCIDENTAL CHEMICAL CORP.

No. 04-30137.

431 F.3d 221 (2005)

HAWTHORNE LAND COMPANY; Hugh A. Hawthorne Family Class Trust, Bank One Trust Company, NA, Plaintiffs-Appellants, v. OCCIDENTAL CHEMICAL CORPORATION; et al., Defendants, Occidental Chemical Corporation; Texas Brine Company, LLC, Successor in Interest to Texas Brine Corporation; Paul Lane, d/b/a Paul Lane's Construction Company; Marsh Buggage Equipment Company; Woodson Construction Company; Tassin International Limited, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 15, 2005.

Attorney(s) appearing for the Case

Victor L. Marcello, Donald T. Carmouche, John H. Carmouche. Talbot, Carmouche & Marcello, Gonzales, LA, for Plaintiffs-Appellants.

René Andrew Curry, Jr., Terese M. Bennett, Christopher C. Friend, Curry & Friend. New Orleans, LA, for Occidental Chemical Corp. and Texas Brine Co., LLC.

Amy Collier Lambert, Robert N. Markle, Adams & Reese, Baton Rouge, LA, for Tassin Intern. Ltd.

Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.

PER CURIAM:

Plaintiffs appeal orders of the district court denying remand and joinder of a party and an order granting summary judgment for defendants. We affirm.

I

In 1965, Hugh Hawthorne purchased a tract of land in St. James Parish, Louisiana. Soon after buying the land, Hawthorne conveyed a servitude to defendant Texas Brine so that it could construct, operate, and maintain a pipeline (called the Oxy-Taft pipeline) on the property. The pipeline...

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